Essential Facts about Design
1. Why is it necessary to protect a design?
2. What is a design?
3. To which products does industrial design apply?
4. How can an industrial design be protected?
5. How can industrial design be internationally protected?
Design Registration Procedure
1. Who can file an application for design registration?
2. Is it mandatory to appoint an attorney for the filing of the application?
3. When does the procedure for design registration begin?
4. What is a priority right?
5. Which elements should a duly filed application for design registration comprise?
a) A request for design registration
b) A design description
c) A photograph or a drawing of the design
d) A power of attorney
6. What are the stages and duration of the design registration procedure?
7. When has a design been created and how long is its validity period?
8. How to renew the validity of a design?
Other Relevant Questions
1. Can the appearance of a design be subsequently changed in the course of the design registration procedure?
2. What should the applicant do if the name of the applicant is changed, or his address, that is, his name and address, or if the right from the application is assigned to another natural or legal person, during the procedure for design right registration?
He should inform the Office to that effect by using the appropriate form – a request for the recording of a change in the Registry of Deposits of Designs, which should be completed by a typewriter or on a computer. It is very important for the applicant for registration of design right to inform the Office in the course of the protection procedure, of any change in relation to his status or whereabouts (a change of the name, a change of the address, a change of the name and address), as well as of the assignment of rights from the application to another legal or natural person, so that the Office can inform him about the progress in the procedure for registration of design right. All changes can be listed in one request for the recording of a change in the Registry of Deposits of Designs, but they can also be stated in separate requests. With a duly completed request form, the applicant for registration of a model and/or sample should also submit proof of the payment of fees, and a duly executed power of attorney, if the request is filed through a representative. For each change related to the status or location of the entity, or concerning the assignment of rights from the application, a special fee is to be paid.
Accordingly, if the applicant for registration of a model and/or sample has changed just the name or just the address, he will have to pay a fee in the amount of RSD 450.
If the applicant has changed both the address and the name, he will also pay RSD 450 – rather than a double amount of the fee.
If the applicant assigns the right from the application to another person he will have to pay a fee in the amount of RSD 800.
3. Which applications are examined in an expedited procedure? |